Case 01290: Amendments to the Regional MPS to allow an Open Space Development, Glendale Drive, Westphal

Transcription

1 Item No Harbour East-Marine Drive Community Council October 17, 2013 TO: SUBMITTED BY: Chair and Members of Harbour East-Marine Drive Community Council Original signed Brad Anguish, Director, Community & Recreation Services DATE: October 1, 2013 SUBJECT: Case 01290: Amendments to the Regional MPS to allow an Open Space Development, ORIGIN Application by Genivar. On November 10, 2009 Regional Council passed the following motion: MOVED BY Councillor Hendsbee, seconded by Councillor Lund that Halifax Regional Council initiate the process to consider amending the Regional Municipal Planning Strategy to redesignate the subject property from Urban Reserve to Rural Commuter in order to enable consideration of a Water Service Area expansion and an Open Space Design subdivision. MOTION PUT AND PASSED. LEGISLATIVE AUTHORITY HRM Charter, Part VIII, Planning and Development RECOMMENDATION It is recommended that Harbour East-Marine Drive Community Council recommend that Halifax Regional Council: Not approve amendments to the Regional Municipal Planning Strategy as provided in Attachment A, to change the designation of a 104 acre parcel of land on Glendale Drive, Westphal, from Urban Reserve to Rural Commuter in order to enable consideration of a Water Service Area expansion and an Open Space Design subdivision through the development agreement process.

2 Case 01290: Regional MPS Amendments October 17, 2013 EXECUTIVE SUMMARY Regional Council in 2009 initiated the Municipal Planning Strategy (MPS) amendment process in order to allow public consultation on a proposal by Kiel Developments for a 106 residential unit, Open Space Design development in Westphal. The 104 acre site owned by Geldart Property Developments Limited (shown on Maps 1 and 2), is designated Urban Reserve under the Regional Municipal Planning Strategy. The Urban Reserve designation is an important component of the Regional MPS that is intended to provide a long term supply of fully serviced land in strategic locations of suburban HRM. Development within the designation is therefore not supported in order to ensure this reserve is maintained in the long term. The draft revised Regional MPS (RP+5) reiterates these goals of the original 2006 Regional MPS. Redesignating a single property within this Urban Reserve area may result in increased pressure to do the same for other lands in this and other Urban Reserve areas of HRM. This application seeks to change the Regional Plan designation of the 104 acre parcel from Urban Reserve to Rural Commuter, to allow a residential Open Space Design subdivision through the development agreement process. If this amendment is approved, the applicant would also seek an amendment to the Regional Subdivision By-law to allow an extension of a Water Service District to the site for the purpose of providing municipal water to new development. A conceptual plan for the project, based on the higher density Classic Open Space Design criteria of the Regional MPS, submitted by the applicant does not meet the criteria of Regional MPS Policies S-15 and S-16. These policies, included in Attachment B to this report, outline detailed design considerations. The proposal as submitted does not satisfy requirements to preserve wetlands and watercourse buffers, and requires watercourse alterations. An excessive amount of road is proposed, and the wastewater treatment facility extends significantly into the common open space. Even in the event that Regional Council chooses to approve the Regional MPS amendment, staff could not recommend approval of a development agreement without significant changes to the concept to align it with the criteria established by MPS policies. BACKGROUND Overview This is a request by Genivar to amend the Regional Municipal Planning Strategy (Regional MPS), by changing the Generalized Future Land Use Map (GFLUM) designation of a 104 acre site in Westphal (Maps 1 and 2), owned by Geldart Property Developments Limited. The request is to apply the Rural Commuter Designation to the site, rather than the current Urban Reserve Designation. This amendment is being sought in order to enable consideration of a 106 unit residential Open Space Design project through the development agreement process. Such developments may not be considered within the Urban Reserve designation, but may be considered in the Rural Commuter designation. If the requested Regional MPS amendment is approved by Regional Council, the applicant would then have two additional stages of application to complete: Consideration by Regional Council of an amendment to Schedule B of the Regional Subdivision By-law in order to expand the abutting Water Service Area to the site, and

3 Case 01290: Regional MPS Amendments October 17, 2013 Consideration by Harbour East-Marine Drive Community Council (HEMDCC) of a detailed development agreement application for an Open Space Design subdivision. Location, Designation, and Zoning The subject site at approximately 104 acres in area is a significant portion of the Westphal Urban Reserve, which includes approximately 12 other parcels, comprising a total of approximately 900 acres. The largest of the parcels is the former site of the Nova Scotia Home for Coloured Children (approximately 315 acres), which is to the west of the subject lands (Map 1). The lands have limited public road frontage. This frontage consists of 20 m on each of the dead ends of Glendale Drive and Westmount Drive. There is also extensive frontage on the Old Lawrencetown Road, a road right of way which is owned by HRM but is not constructed or maintained as a public road. The lands are designated Urban Reserve under the Regional MPS, and Rural Residential under the Cole Harbour/Westphal MPS. The zoning is UR (Urban Reserve) which is essentially a holding zone that implements the intent of the Regional MPS to limit development on the lands until such time as full municipal services are available. Surrounding Land Uses Abutting the site to the east are the Westmount and Greendale subdivisions. Just to the southwest is the Coleridge Estates subdivision. These are single unit dwelling neighbourhoods with on-site septic systems and municipal water supply. Adjacent lands to the north, south and west are vacant and also fall within the Urban Reserve designation. Regional MPS Context The Urban Reserve (UR) designation and zone are applied to lands that abut the Urban Settlement designation, in locations where central sewer and water services may eventually be provided. It is intended to ensure that HRM has a long-term supply of serviceable land beyond the 25 year horizon of the Regional MPS. Therefore, opportunities for unserviced development are limited within the UR designation so as not to compromise the future potential for comprehensive and efficient development to occur once services may be provided. The basis for the UR designation arose during the preparation of the Regional MPS, when HRM commissioned the Greenfield Areas Servicing Analysis Study 1 to compare the land use and servicing opportunities and constraints of several large undeveloped areas located adjacent to existing service boundaries. The study concluded that fully serviced urban development of these greenfield sites was not recommended in the short term due to the lack of appropriate infrastructure and potential costs to HRM. Accordingly, the Regional MPS placed seven areas, all of which demonstrated long term potential for servicing with sewer and water, within the Urban Reserve designation. The RP+5 process, the five year review of the Regional MPS, is 1 CBCL Limited, Greenfield Areas Servicing Analysis: Final Report, July 2004.

4 Case 01290: Regional MPS Amendments October 17, 2013 recommending no changes to the Urban Reserve designation in the Westphal area. Open Space Design Subdivisions In addition to focusing fully serviced urban development in strategic and comprehensively planned areas, the Regional MPS also seeks to achieve residential development that protects the character of rural communities within areas located outside of service boundaries. This approach, known as the Open Space Design concept, is intended to protect features of natural or cultural significance, provide a connected system of open space and to minimize extensive road development and the loss of important resource lands. Community Councils may consider proposals for Open Space Design subdivisions on lands within the Rural Commuter, Rural Resource and Agricultural designations through the development agreement process. Pursuant to Regional MPS policies S-15 and S-16 (Attachment B), such subdivisions may not be considered within the Urban Reserve designation. Two forms of Open Space Design subdivisions exist, and where permitted by the land use designation, a developer may propose either form as follows: Open Space these are based on the traditional form of individual on-site well and septic systems at a density of one unit per 2.5 acres. At least 80% of the residential portion of the site is to be retained in its natural state; and Classic Open Space - the use of piped water (where available) and shared sewage treatment systems allow a more compact form at a higher density of just under one unit per acre. Under this second form, 60% of the entire site is maintained in its natural state, and dwellings and infrastructure are clustered together on the remaining 40%, creating a tighter lot fabric than in traditional rural subdivisions. Although the UR zone and policies S-15 and S-16 do not allow development of the subject site, some limited development could be considered under Policy IM-18 of the Regional MPS (Attachment A). This policy enables the consideration of an Open Space Design subdivision on the subject property, since the use can be considered on the abutting Rural Commuter-designated lands. However, this policy would enable consideration of only a limited amount of development, with limited road extensions, immediately abutting the existing subdivisions. Development of the entire 104 acre parcel would exceed the intent of Regional MPS Policy IM- 18. The developer has therefore requested that the entire site be designated as Rural Commuter in order to allow a larger scale development agreement application under policies S-15 and S-16. DISCUSSION In response to the applicant s request to allow development on the site in the short term, community engagement has been undertaken as directed by Council in order to obtain public feedback on the proposal. An evaluation of the proposal has now been completed, relative to both the request to amend Regional MPS policy and the detailed development concept: Regional MPS Amendment The applicant s proposal focuses on a single 104 acre parcel within a larger UR area that includes approximately 900 acres and 11 other properties. The primary purpose for the UR

5 Case 01290: Regional MPS Amendments October 17, 2013 designation, as established by the Regional MPS, is to ensure that unserviced or partially serviced development does not occur at any scale until careful and comprehensive consideration is given to the potential for fully serviced development of the area. Any such fully serviced development within a UR area is contingent upon a comprehensive master plan exercise being completed. This process would include significant public and stakeholder consultation and carefully consider issues such as storm water management, transportation planning, open space, and environmental protection. Allowing development on this site now could prejudice a future master planning exercise for the larger area, for example by limiting road network options, opportunities for storm water management, or parkland corridors. The Waste Water Management Functional Plan, currently being finalized by Halifax Water, considers existing and projected capacity in the waste water collection and treatment systems across HRM. Based on this analysis, and projected infrastructure upgrades, the study projects that it will be possible to extend the municipal service boundary to provide for urban expansion and development in the Cole Harbour/Westphal and/or Eastern Passage areas. HRM will have to determine where this capacity can best be allocated, in order to ensure that future suburban expansion maximizes utilization of not just piped services but also of existing transportation, recreation, and school infrastructure. This site would be a potential candidate for servicing, however allowing an Open Space Design development would likely preclude such infrastructure in the future. At the time of writing this report, the draft new Regional MPS (RP+5) did not include any changes to either the land use designations or provisions for development within this UR area. Removing one parcel from the Urban Reserve to allow for piecemeal development would compromise the intent of the Regional MPS and could result in similar applications within this and other UR-designated areas across HRM. The entire premise of establishing the Urban Reserve Designation to ensure rational long term urban growth would then be in jeopardy. The applicant has not demonstrated that allowing an Open Space Design development on this site furthers HRM s goals for rational and cost-effective development. From a Regional planning perspective, it is therefore most prudent to consider development of this one parcel only within the context of the entire UR area. This would be considered through a secondary planning process to be undertaken when there is clarity as to future servicing capability. Evaluation of Development Concept The development concept for the proposal includes 106 single unit dwellings as shown on Map 3. This is the maximum possible density that could be considered within the Classic form of an Open Space Design development. The development would be accessed via extensions of two existing public streets, Glendale Drive and Old Miller Road. Each lot would include a septic tank, with effluent then piped to a communal treatment system. The proposal also envisages that the Water Service District which provides municipal water to adjacent developments would be extended to service this project. There are physical challenges with the site in terms of the extent of wetlands and the presence of watercourses, and design deficiencies with the proposal as outlined in Attachment C to this report. These shortcomings would, even if the site was designated Rural Commuter, result in staff being unable to support the current proposal. The

6 Case 01290: Regional MPS Amendments October 17, 2013 challenges that this site poses would best be addressed as part of a future comprehensive planning exercise for the larger UR area. Review by Watershed Advisory Board The site contains three large wetlands and two watercourses. At one of the public information meetings, staff advised that due to the development s impacts on these natural features that the proposal would be reviewed by the area Watershed Advisory Board (WAB). However, due to recent changes to the WAB structure, reviews of individual developments are no longer done unless mandated by local MPS policy. As there is no such policy in the Cole Harbour/Westphal MPS, the WAB has not reviewed the proposal. Conclusion Given the clear goals of the Regional MPS to preserve strategic lands for long term urban growth, staff advise that the requested redesignation of the site to Rural Commuter from Urban Reserve is inappropriate. Policy IM-18 provides an opportunity to consider a small scale development for this particular site. However, given that this property represents a significant portion of the Westphal Urban Reserve area, it would be beneficial to wait until such time as central sewer & water services can be extended and the area is master-planned. The need for a master plan process is particularly important, given some of the technical challenges identified such as road access and stormwater management. Finally, the design of the proposed development exhibits shortcomings with the result that the proposal does not meet the detailed design criteria that are applied to Open Space Design developments. Therefore, staff recommend that Regional Council not approve the requested amendment to the Regional MPS. FINANCIAL IMPLICATIONS The HRM costs associated with processing this application can be accommodated within the approved 2013/14 operating budget for C310 Planning & Applications. Allowing an Open Space Design development on the site may have long term capital cost implications for HRM. Such costs may arise due to a need for improvements to the storm water management system to manage flooding, or because future infrastructure needs are negatively affected due to the lack of comprehensive planning for the entire 900 acre Urban Reserve area. COMMUNITY ENGAGEMENT The community engagement process is consistent with the intent of the HRM Community Engagement Strategy. The level of community engagement was consultation, achieved through two Public Information Meetings held on January 28, 2010 and September 21, 2011 (Attachments D and E). Notices of this meeting were posted on the HRM website, in the newspaper and mailed to property owners within the notification area (Map 2). A public hearing has to be held by Regional Council before it can consider approval of any amendments. Should Regional Council proceed with a public hearing on this application, in addition to published newspaper advertisements, property owners within the notification area

7 Case 01290: Regional MPS Amendments October 17, 2013 will be advised of the public hearing by mail. The proposal will potentially impact property owners and residents in the surrounding area. ENVIRONMENTAL IMPLICATIONS Beyond those which are discussed above, no environmental implications of this project have been identified. ALTERNATIVES Harbour East-Marine Drive Community Council may recommend that Regional Council: 1. Refuse the proposed amendment to the Regional MPS as provided in Attachment A of this report. This is the staff recommendation. A decision of Council to refuse the proposed amendments is not appealable as per Section 262 of the HRM Charter. 2. Approve the proposed amendment to the Regional MPS as provided in Attachment A of this report. A decision of Council to approve this proposed amendment is not appealable as per Section 262 of the HRM Charter. This is not recommended for the reasons discussed above. ATTACHMENTS Map 1: Map 2: Map 3: Regional MPS Generalized Future Land Use Map Location and Zoning Conceptual Subdivision Concept Plan Attachment A: Amendments to the Regional Municipal Planning Strategy Attachment B: Excerpts from the Regional Municipality Planning Strategy Attachment C: Evaluation of Development Concept Against Key Regional MPS Policies for Open Space Developments Attachment D: Minutes of Public Information Meeting, January 28, 2010 Attachment E: Minutes of Public Information Meeting, September 21, 2011 A copy of this report can be obtained online at then choose the appropriate meeting date, or by contacting the Office of the Municipal Clerk at , or Fax Report Prepared by: Mitch Dickey, Planner, Original signed Report Approved by: Report Approved by: Kelly Denty, Manager, Development Approvals, Original signed Austin French, Manager, Community & Regional Planning,

8 Westphal Highway 7 NS Home for Colored Children Road Ross US UR Geldart's Property Development Ltd. RC RC Cres Ritcey OS ± Map 1 Generalized Future Land Use Regional Plan!!!!!!!!!!!!!!!!!!!!!!!!!!!! Subject Property Plan Area Boundary Cole Harbour/ Westphal Plan Area Designation RC UR OS US Rural Commuter Urban Reserve Open Space and Natural Resource Urban Settlement DEVELOPMENT APPROVALS Meters This map is an unofficial reproduction of a portion of the Regional Generalized Future Land Use Map for the Plan Area indicated. HRM does not guarantee the accuracy of any representation on this plan. April 9, 2013 Case file: /work/planning/holly/official_maps/case_maps/case (HK)

9 !!! C-4 C-4 P-2 R-3 R-6A P-2 C-4 C-4 C-4 Highway 7 P-2 NS Home for Colored Children R-2 R-6A R-6A R-6A P-2 Cres Ritcey UR UR Road Ross I-1 CD-1 P-1 R-2 R-7 C-1 P-2 R-2 P-1 R-2 R-2 R-2 P-1 P-1!!!!!!!!! UR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Geldart's Property Development Ltd.!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! UR I-1 P-2 R-3 P-1 R-3 P-1 P-1 P-1 R-2 R-2 R-2 R-6 P-2 ± Map 2 Zoning & Notification PID !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Subject Property Notification Area Plan Area Boundary Cole Harbour/ Westphal Plan Area Zoning R-2 R-3 R-6a R-6 R-7 C-1 I-1 P-1 P-2 CD-1 UR Single Unit Dwelling Two Unit Dwelling Mobile Dwelling Rural Residential Single Unit Dwelling Rural Residential Rural Estate Neighbourhood Business Light Industry Open Space Community Facility C & D Material Transfer Stations Urban Reserve DEVELOPMENT APPROVALS Meters This map is an unofficial reproduction of a portion of the Zoning Map for Plan Area indicated. HRM does not guarantee the accuracy of any representation on this plan. Oct. 8, 2013 Case file: /work/planning/holly/official_maps/case_maps/case (HK)

10 KEYPLAN EX. HYD. EX. HYD. CONNECT TO EXISTING WATER EX. HYD. FLOOD PLAIN UPGRADE DRAINAGE CHANNEL ON OLD LAWRENCETOWN ROAD TO EXISTING 1800mm Ø CULVERT AT COLE HARBOUR ROAD *STORM WATER CONTROL STRUCTURE TO CONTROL STORM WATER FLOW FROM DEVELOPED AREA TO PRE-DEVELOPMENT LEVELS. BEAM WILL HOLD WATER IN EXISTING WETLAND. NSDE APPROVAL REQUIRED NOTES: 1) WATER TO BE 200mm DUCTILE IRON (MATCH EXISTING). 2) GRAVITY SEWER TO BE 200mm PVC DR35. 3) PUMPED SEWER TO BE 100mm POLYETHYLENE FORCEMAIN. 4) SEE CONCEPTUAL STORM DRAINAGE PLAN (SHT 2 OF 2) FOR STORM MANAGEMENT DETAILS 20m ROAD RESERVE 1 SPECTACLE LAKE DRIVE DARTMOUTH, NOVA SCOTIA CANADA, B3B 1X7 PHONE: ~ FAX: FUTURE HRM TRAIL HEAD CLIENT CONNECT TO EXISTING WATER EX. HYD. KIEL DEVELOPMENTS LTD. 20m FUTURE ROW DRAINAGE SWALE LEGEND WETLAND WATERCOURSE PROJECT CONCEPT DEVELOPMENT WESTPHAL, NOVA SCOTIA 20m WATERCOURSE BUFFER SHEET DESCRIPTION W W FMSAN FMSAN PROPOSED WATER PROPOSED SEWER Map 3- Concept Plan STM STM PROPOSED STORM PROPOSED HYDRANT DIRECTION OF FLOW 1 2

11 Case 01290: Regional MPS Amendments October 17, 2013 Attachment A Amendments to the Regional MPS BE IT ENACTED by the Regional Council of the Halifax Regional Municipality that the Regional Municipal Planning Strategy is hereby amended as follows: 1. Map 2 Generalized Future Land Use is hereby amended as shown on Appendix A attached hereto. THIS IS TO CERTIFY that the amendments to the Regional Municipal Planning Strategy for Halifax Regional Municipality, as set out above, were passed by a majority vote of the Halifax Regional Council on the day of, 201_. GIVEN under the hands of the Municipal Clerk and under the Corporate Seal of the Halifax Regional Municipality this day of, 201_. Municipal Clerk

12 !!!!!!!!!!! NS Home for Colored Children Road Ross US UR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! RC Cres Ritcey RC Appendix A OS ± DEVELOPMENT APPROVALS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Lands to be Redesignated from Urban Reserve to Rural Commuter Meters This map is an unofficial reproduction of a portion of the Regional Generalized Future Land Use Map for the Plan Area indicated. Cole Harbour/ Westphal Plan Area HRM does not guarantee the accuracy of any representation on this plan. April 26, 2013 Case file: /work/planning/holly/official_maps/case_maps/case (HK)

13 Case 01290: Regional MPS Amendments October 17, 2013 Attachment B Excerpts from the Regional Municipal Planning Strategy 3.2 URBAN RESERVE DESIGNATION The primary intent of the Urban Reserve Designation is to ensure there is a continuous supply of land that can be serviced with central (municipal wastewater and water distribution) services beyond the 25 year time horizon of this Plan. The Urban Settlement Designation identifies those lands which HRM intends to service within the next 25 years. The Urban Reserve Designation focuses on those lands abutting the Urban Settlement Designation which could be serviced beyond the next 25 years to ensure the Municipality has a long term supply of serviceable lands. Providing services to these lands may be considered within the 25 year time frame of this Plan subject to Policy IM-18. The following seven areas of land have been designated as Urban Reserve: interior lands bounded by Highway 7, Ross Road, Highway 207 and Broom Road (Cole Harbour/Westphal); S-4 HRM shall establish the Urban Reserve Designation for those lands situated outside the Urban Settlement Designation where central services (municipal wastewater and water distribution) may eventually be provided, as shown on the Generalized Future Land Use Map (Map 2). The primary intent of this designation shall be to retain sufficient lands which shall provide an adequate supply of serviceable land beyond the time horizon of this Plan Rural Commuter Designation The primary intention of the Rural Commuter Designation is to focus low to medium density uses within defined centres which are within easy commuting distance to the Regional Centre, to support the delivery of convenience services to the surrounding settlement area, protect the natural resource base and preserve the natural features that foster the traditional rural community character. Residential development within this designation has historically been characterized by large lot residential developments. Many residents who reside here commute to the urban and suburban centres for employment. S-6 HRM shall establish the Rural Commuter Designation, shown on the Generalized Future Land Use Map (Map 2), as the area within commuting distance of the Regional Centre that has been heavily influenced by low density residential development. The primary intent of this designation shall be to protect the character of rural communities and conserve open space and natural resources by focussing growth within a series of centres, as shown on Settlement and Transportation Map (Map 1), and carefully controlling the amount and form of development between centres. The three types of centres within the designation are the Rural Commuter, Rural Commuter District and Rural Commuter Local centres.

14 Case 01290: Regional MPS Amendments October 17, 2013 S-15 HRM shall permit the development of Open Space Design residential communities, as outlined in this Plan, within the Rural Commuter and Rural Resource designations and within the Harbour designation outside of the Urban Service Area, but not within the portions of the Beaver Bank and Hammonds Plains communities as identified in the Subdivision By-law under Policy S-25 and within the Rural Area Designation under the Eastern Passage/Cow Bay Plan Area. HRM will consider permitting the maximum density of such developments to one unit per hectare of gross site area. In considering approval of such development agreements, HRM shall consider the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) where the development is to be serviced by groundwater and as determined through a hydrogeological assessment conducted by a qualified professional, that there is an adequate supply of ground water to service the development and that the proposed development will not adversely affect groundwater supply in adjacent developments; that there is sufficient traffic capacity to service the development; the types of land uses to be included in the development which may include a mix of residential, associated public or privately owned community facilities, home based offices, day cares, small scale bed and breakfasts, forestry and agricultural uses; whether soil conditions and other relevant criteria to support on-site sewage disposal systems can be met; the lot frontages and yards required to minimize the extent of road development, to cluster building sites on the parcel and provide for appropriate fire safety separations; that the building sites for the residential units, including all structures, driveways and private lawns, do not exceed approximately 20% of the lot area; approximately 80% of the lot is retained as a non-disturbance area (no alteration of grades, except for the placement of a well or on-site sewage disposal system in the nondisturbance area shall be permitted and provision shall be made for the selective cutting of vegetation to maintain the health of the forest); that the development is designed to retain the non-disturbance areas and to maintain connectivity with any open space on adjacent parcels; connectivity of open space is given priority over road connections if the development can be sited on the parcel without jeopardizing safety standards; trails and natural networks, as generally shown on Map 3 or a future Open Space Functional Plan, are delineated on site and preserved; parks and natural corridors, as generally shown on Map 4 or a future Open Space Functional Plan, are delineated on site and preserved; that the proposed roads and building sites do not significantly impact upon any primary conservation area, including riparian buffers, wetlands, 1 in 100 year floodplains, rock outcroppings, slopes in excess of 30%, agricultural soils and archaeological sites; the proposed road and building sites do not encroach upon or are designed to retain features such as any significant habitat, scenic vistas, historic buildings, pastoral landscapes, military installations, mature forest, stone walls, and other design features that capture elements of rural character; that the roads are designed to appropriate standards as per Policy T-2; views of the open space elements are maximized throughout the development; opportunities to orient development to maximize the capture of solar energy;

15 Case 01290: Regional MPS Amendments October 17, 2013 (q) (r) (s) the proposed residential dwellings are a minimum of 800 metres away from any permanent extractive facility; the proposed development will not significantly impact any natural resource use and that there is sufficient buffering between any existing resource use and the proposed development to mitigate future community concerns; and consideration be given to any other matter relating to the impact of the development upon surrounding uses or upon the general community, as contained in Policy IM 15. S-16 Further to Policy S 15, within the Rural Commuter, Rural Resource and Agricultural Designations, HRM shall permit an increase in density for Open Space Design Developments up to 1 unit per 4000 square metres, or greater in centres as may be provided for in secondary planning strategies, where approximately 60% or more of the site is retained in single ownership of an individual, land trust, condominium corporation or the Municipality. Notwithstanding Policy E-5, the parkland dedication shall be relaxed to a minimum of 5% for this type of development. In considering approval of such development agreements, HRM shall consider the following: (a) (b) the criteria specified in Policy S-15, with the exception of items (f) and (g); and that the common open space cannot be used for any other purpose than for passive recreation, forestry, agriculture or conservation related use except for a portion of which may be used as a village common for active recreation or the location of community facilities designed to service the development Water Service Areas SU-13 HRM may consider establishing new Water Service Areas, subject to the financial ability of HRM to absorb any related costs, provided a wastewater management plan is also considered in accordance with Policy SU-20, if: (a) (b) (c) (d) the area is within a Rural Commuter, Rural Resource or Agricultural centre and it has been determined through a secondary planning process that new growth is to be encouraged in this area; an Open Space Design development is proposed within a Rural Commuter, Rural Resource or Agricultural centre pursuant to Policy S-16; the lands are adjacent to an existing Water Service Area and an Open Space Design development is proposed within an Urban Reserve designation pursuant to Policies IM- 18 and S-16; or a study has been prepared by a qualified person verifying that there is a water quality or quantity problem in an existing community that cannot reasonably be rectified by an alternative means.

16 Case 01290: Regional MPS Amendments October 17, 2013 IM-15 In considering development agreements or amendments to land use by-laws, in addition to all other criteria as set out in various policies of this Plan, HRM shall consider the following: (a) (b) that the proposal is not premature or inappropriate by reason of: (i) the financial capability of HRM to absorb any costs relating to the development; (ii) the adequacy of municipal wastewater facilities, stormwater systems or water distribution systems; (iii) the proximity of the proposed development to schools, recreation or other community facilities and the capability of these services to absorb any additional demands; (iv) the adequacy of road networks leading to or within the development; (v) the potential for damage to or for destruction of designated historic buildings and sites; that controls are placed on the proposed development so as to reduce conflict with any adjacent or nearby land uses by reason of: (i) type of use; (ii) height, bulk and lot coverage of any proposed building; (iii) traffic generation, access to and egress from the site, and parking; (iv) open storage; (v) signs; and (c) that the proposed development is suitable in terms of the steepness of grades, soil and geological conditions, locations of watercourses, marshes or bogs and susceptibility to flooding.

17 Case 01290: Regional MPS Amendments October 17, 2013 Attachment C Evaluation of Development Concept Against Key Regional MPS Policies for Open Space Developments Extent of New Roads Policy S-15 (e) and Policy IM-15 (a) The applicant proposed a single road access as an extension of Greendale Drive. However, because of the number of existing and proposed units that would use Greendale Drive, HRM requires a second access road for public safety reasons. To address this the applicant has proposed an extension of Old Miller Road in the Coleridge Estates development, using an existing HRM-owned right of way. This road extension would result in an approximately 450 m section of new road with no lot frontages. One of the key goals of the open space design concept is to minimize the amount of rural road which HRM must accept and maintain. A road of this length with no development to support its maintenance is contrary to this goal. At the same time, one side of this new public road would provide additional road frontage to a 315 acre parcel within the Urban Reserve. This may result in additional development pressure and further erosion of the Urban Reserve, which is not a desirable outcome. Stormwater Management Concerns Policy IM-15 (a) and (b) A large portion of the Urban Reserve area to the north drains toward the subject site, a substantial proportion of which is taken up by wetlands. Watercourses from these wetlands drain toward existing development in the Glendale and Westmount Subdivisions. There are existing documented flooding problems on these downstream lands. Standard policy is that the designs for new development must ensure that pre and post development flows of water leaving the site are balanced, with no net increase in flows. The applicant is proposing to achieve this through creation of a large water impoundment on an existing wetland. This would be achieved by construction of an approximately 480 m long berm to capture surface runoff. Alterations to two existing watercourses would also be made, to capture flows behind the berm and then release water at a reduced rate into the downstream system, in order to mitigate the effects of large volumes of water during peak flows. Given existing flooding problems in the adjacent Glendale and Westmount Subdivisions, there is no certainty that this design would work as intended. If development were to be permitted, and after completion of the project flooding problems actually worsened for existing homes, it would be the responsibility of the condominium corporation for this site that would be financially responsible. Alternatively there could be demands for HRM and Halifax Water to alleviate flooding, a risk which should be avoided. Use of Non-Disturbance Areas - Policy S-15 (h) & (l), and Policy S-16 (b) These policy criteria establish that 60% of the site is to be retained as a non-disturbance area, which is to be left primarily in a natural state although some community uses are permitted. As noted above, the applicant is proposing to manage stormwater through the use of large retention

18 Case 01290: Regional MPS Amendments October 17, 2013 areas. These would be created through the construction of a large berm and retention area within the required 60% non-disturbance area. Undertaking large scale wetland and watercourse alterations as proposed would therefore be contrary to this goal. As an alternative to creating a water impoundment on the wetland, and to comply with the policy goal of retaining wetlands in their natural state, the applicant has advised that one or more large storm water retention ponds could be built in non-wetland areas. Such infrastructure may be considered on a limited scale within the non-disturbance area, however storm water ponds would be an excessive intrusion. A large communal sewage treatment facility is proposed which would treat waste water from the homes in a central location. This concept is supported by MPS policy. However, the facility proposed in this case would utilize an acre of the communal space, in the only large conservation area outside of a wetland. As with storm water retention ponds, such infrastructure cannot be considered on a large scale within the 60% of the site intended to remain in its natural state. Encroachment on Riparian Buffers Policy S-15 (l) The applicant is attempting to maximize density on the site, with the result that large portions of twelve of the proposed lots fall partially within the required 20 m watercourse buffer around a large wetland. No disturbance is permitted within such a buffer. However, the small size of the home sites greatly increases the probability of construction related disturbance and subsequent homeowner modifications such as tree removal and grading. Therefore the proposed lot design does not conform to the open space policy criteria. Views of Open Space Elements Policy S-15 (o) Views of open space elements would be available from the rear of about half of the homes. From the street, the development would have the character of an urban development, with little indication that there are open space elements. Therefore the proposed lot design does not meet this goal.

19 Case 01290: Regional MPS Amendments October 17, 2013 Attachment D Minutes of Public Information Meeting January 28, 2010 HALIFAX REGIONAL MUNICIPALITY PUBLIC INFORMATION MEETING CASE NO MPS LUB Amendment for Cole Harbour/ Westphal 7:00 p.m. Monday, January 28, 2010 Ross Road Elementary School, Cafeteria STAFF IN ATTENDANCE: Joseph Driscoll, Senior Planner, HRM Planning Services Holly Kent, Planning Technician, HRM Planning Services Jennifer Little, Planning Controller, HRM Planning Services Rob Jahncke, Senior Parkland Planner, HRM ALSO IN ATTENDANCE: Councillor David Hendsbee, District 3 Kevin Brooks, Terrain Group Adam Brown, Terrain Group Mike and Marilyn Geldart Jeff Kielbratowski, Kiel Developments PUBLIC IN ATTENDANCE: 89 The meeting commenced at approximately 7:05 p.m. - Application by Terrain Group and Kiel Developments, on behalf of Geldart Property Developments Ltd., to amend the Regional Plan (Regional MPS) by redesignating PID from Urban Reserve to Rural Commuter (Regional Plan designations), amend the Regional Subdivision By-Law to include the subject lands within the abutting Water Service Area; and enter into a development agreement to permit a classic open space design subdivision on the lands if the first two components of the application are approved. 1. Opening remarks/introductions Councillor Hendsbee welcomed everyone to the meeting and explained that he and staff are here to listen to the residents comments. The input from the meeting will be included in the staff report that will be submitted to Council prior to the public hearing. His role is to listen to the input and not express an opinion for or against the proposal at this point. Mr. Joseph Driscoll introduced himself as the planner guiding this application through the process; he introduced Holly Kent, Planning Technician, HRM Planning Applications and Jennifer Little, Planning Controller, HRM Planning Applications. Mr. Driscoll, then introduced the applicant and their consultants.

20 Case 01290: Regional MPS Amendments October 17, Overview of planning process Mr. Driscoll explained that HRM has received an application that, if approved, would result in development of a subdivision comprised of single unit dwellings on a vacant property between Westmount Plains subdivision and Coleridge Estates. The purpose of the meeting is to identify that HRM has received an application, to identify exactly what the applicant is requesting, and to provide residents with information about the proposal and to listen to points of view and concerns. Tonight s meeting is only an information exchange, no decision will be made tonight. Following tonight s meeting, HRM will conduct a thorough review of the proposal including the consideration of potential impacts on natural features such as watercourses and wetlands as well as the design of the subdivision relative to features such as roads, lots and parks. In addition to the HRM staff review, the proposal will be considered by Halifax Watershed Advisory Board and the Regional Plan Advisory Committee which will provide Council with recommendations on the proposal. Prior to Council making a decision on the proposal, a public hearing will be held for further public consultation. At this time, Councillor Hendsbee took count of how many residents received notification of this public information meeting via mail, newspaper ads or by Overview of Proposal Reviewing a slide of the subject property, Mr. Driscoll explained that the lands are located between the NSHFCC lands, Coleridge Estates and Westmount Plains. It is undeveloped and is approximately 100 acres in size. This land is designated Urban Reserve by the Regional MPS and therefore has limited development potential in the short term. Mr. Driscoll explained that the first part of the proposal seeks to take the land out of the Urban Reserve so that it may be developed in the short term. If taken out of the reserve as proposed, it would be designated Rural Commuter, the same designation applied to the surrounding subdivisions. He reviewed the 7 Urban Reserve Areas across HRM, explaining that the purpose of these areas is to ensure that there is a future supply of land that may be developed on municipal services in the long term and subject to comprehensive planning. Without this type of temporary holding zone lands that abut currently serviced areas would likely be developed without central services and it would be much more difficult to expand service boundaries in the future. As part of the planning process, he explained that there is a two part evaluation. First, Regional Council must decide whether or not to redesignate the land from Urban Reserve to Rural Commuter and extend a Water Service Area; then, if these elements of the proposal are approved, Community Council would consider a development agreement for the residential subdivision. Consideration of the proposed development agreement would be based on the criteria of policies S-15 and S-16 which include criteria such as traffic/road capacity; water and sewer capacity/stormwater drainage/proposed land uses/dwelling types; preservation of open space and the protection of sensitive/ important features. 4. Presentation of Proposal: Terrain Group, Kiel Developments Kevin Brooks, Terrain Group, explained that their initial review started with reviewing the background information that HRM had prepared for this site in 2004 during the original Regional Municipal Planning Strategy Greenfield Study. That study illustrated that these lands are not

21 Case 01290: Regional MPS Amendments October 17, 2013 serviceable within the next years and at which time, will be reviewed for possible urban style development and density. Since then, Terrain Group and Mr. and Mrs. Geldart decided to speak with HRM about the development of this land and determined that Open Space Design was a possible opportunity. They have since been working with the Municipality to develop a proposed concept that meets the Municipal Policy requirements and attempts to preserve as much open space as possible and help to address some environmental and storm water concerns. The water service boundaries for this area end at Glendale Drive and Old Miller Road. They have requested that this water service boundary be extended to the subject property to loop the water system between these two points allowing for a more reliable water service to both of those subdivisions. He explained that there is a road connection provided to both of the subdivisions providing for better emergency access. Reviewing a slide of the area, he pointed to the area where the proposed sewage treatment system was located, explaining that the sewer for this proposal is collected from each unit and sent to an onsite sewage system that provides secondary treatment. The system treats that sewage and then discharges the sewage into a technology known as a recirculating sand filter and then into the ground for further treatment. There is a proposed 105 units on the site with 2 acres of land set aside for park. He explained that the requirements under the current policy are that approximately 5% of land is required to be set aside for park. Currently there is only 2% set aside and they are looking at making up the difference by paying the Municipality so that the money can be allocated towards trail systems in the area. He reviewed the location of the three storm water detention ponds and explained that these storm water detention ponds have been designed to address the stormwater drainage on the site. Adam Brown, Terrain Group, explained that this area has a lot of flooding problems. There have been studies conducted and there have been some improvements. He explained that they will not be adding to the problem, the detention ponds will be designed for a 1 in 100 year storm event. If there is light rain over a few days, there will be no issues however, in the event of heavier rains there are more risks of flooding problems but the ponds will hold water back and then release it slowly until it empties. 5. Questions/Comment Mr. Bill Frank commented regarding Mr. Brooks presentation and asked for clarification regarding the Terrain Group using the 2004 Plan as the starting point. Mr. Brooks explained that urban reserve policies were partly based on the 2004 Greenfield Study. Mr. Frank questioned Mr. Brooks comments regarding the year window under the urban reserve plan and how that timeline was not feasible for them or the applicant. He asked for clarification as to whether it wasn t feasible or whether it wasn t profitable. In 2004, the Municipality developed a plan with some objective in mind. Mr. Brooks explained that the properties were studied, and this piece of land was the least feasible for servicing.

22 Case 01290: Regional MPS Amendments October 17, 2013 Mr. Driscoll explained that the Greenfield Study that Mr. Brooks was referring to was one of the pieces of information considered when the Regional Plan was formulated. He explained that it looked at seven areas and provided estimations of the overall costs required to service each area. This includes such as things like sewer and water, treatment plants, highways etc. Mr. Frank explained that the proposal includes 105 homes and noted that, within Mr. Brooks presentation, he had explained that HRM requires a 5% parkland designation. He asked clarification why the developer is only proposing 2% parkland designation and to pay the rest in cash? Mr. Driscoll explained that within a subdivision application, there is a requirement for a specific contribution of park land. Typically it is 10%, however in the open space approach it is reduced to 5% because 60% of the land has to be left as common open space that cannot be developed. In this situation, the actual park land contribution can be reduced to 5%. In all cases, the 5% can be in the form of either land, money or equivalent value. If it is taken in money, the money is placed in a parkland reserve and is used to upgrade existing park facilities (playgrounds, ball diamonds etc.). Mr. Frank asked if it is the Municipality that ends up determining what that balance is and where the money goes? Mr. Driscoll explained that if it is taken as money, Council decides how/where the money is spent through the budget process. Mr. Frank expressed concerns with the holding ponds and asked if they will reflect the Harbour Solutions clean up project? He expressed concerns with the ponds filling up, not draining and overflowing. He explained that he is unsure that holding ponds will be a good solution. Mr. Driscoll explained that the developer will be required to submit engineering plans including subdivision grading plans. These are also reviewed by Department of Environment. One of their requirements is that the flow does not increase beyond what the pre-development flows are and there is also a requirement that prohibits any additional discharge of storm water flow onto any neighboring properties. Mr. Gary Cherwonick explained that the proposed plan to extend of Old Miller Road will affect the existing natural trail that extends to Main Street. He read a statement from the Regional Plan regarding preservation of the natural features that foster traditional Rural Community character and expressed concern with replacing the wood lined trail with a paved road. This will not improve the quality of the area. Mr. Driscoll explained that Old Miller Road includes a road reserve, owned by HRM, that extends to the subject property. Under the developer s proposal, the subdivision would connect to the existing Old Miller Road in Coleridge Estates via that road reserve. If there is concern regarding removing an existing trail then staff would look at the issue and if it could be accommodated into this proposal.